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All Journal Journal of International Islamic Law, Human Right and Public Policy
Harmuzan
Universitas Alwashliyah
Religion Law, Crime, Criminology & Criminal Justice

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THE RIGHT OF ENVIRONMENTAL ORGANIZATIONS TO SUE AS LEGAL STANDING IN ADMINISTRATIVE LAW DISPUTES IN INDONESIA: A NORMATIVE-COMPARATIVE STUDY FOLLOWING LAW NUMBER 11 OF 2020 Joharsah; Harmuzan; Sarah Furqoni; Ahmad Irham Tajhi
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Environmental disputes arising from state administrative decisions, including mining permits, large-scale plantation development, and infrastructure projects, increasingly require effective mechanisms for protecting collective environmental interests. One of the central legal issues is the legal standing of environmental organizations to challenge administrative decisions before the State Administrative Court (PTUN), particularly following the regulatory changes introduced by Law Number 11 of 2020 concerning Job Creation. This study aims to analyze the position of environmental organizations regarding legal standing in environmental administrative disputes, identify procedural and doctrinal obstacles faced by such organizations, and formulate legal reform recommendations to strengthen their role in environmental litigation. This research employs a normative legal research method using a doctrinal-comparative approach and a case approach. The study relies on secondary legal materials consisting of primary legal materials, including legislation and court decisions, secondary legal materials comprising scholarly literature and journal articles, and tertiary legal materials. The analysis combines juridical, comparative, and critical approaches to examine the relationship between legal norms, judicial practice, and the development of environmental administrative law. The findings indicate that environmental organizations can obtain legal standing when they are able to demonstrate a collective legal interest and a causal relationship between the contested administrative decision and significant environmental impacts. Nevertheless, their access to administrative litigation remains constrained by the high burden of scientific proof, inconsistent interpretation of collective legal interests, limited explicit procedural regulation, and uncertainty concerning the object of administrative disputes following changes to the environmental licensing system. The development of judicial practice and Supreme Court Regulation Number 1 of 2023 provides an important normative foundation for strengthening public interest standing in environmental disputes. The study recommends legislative reform to explicitly regulate the legal standing and procedural rights of environmental organizations, the establishment of proportionate scientific evidentiary standards, strengthening judicial and legal-professional capacity, and facilitating amicus curiae and public-interest litigation funding. These reforms are necessary to enhance access to environmental justice and strengthen public oversight of state administrative actions affecting environmental protection.
AN OVERVIEW OF THE DISSOLUTION OF LIMITED LIABILITY COMPANIES UNDER INDONESIAN CORPORATE LAW Harmuzan; Muhlizar; Qori Rizqiah H. Kalingga
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June
Publisher : PT. Radja Intercontinental Publishing

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The dissolution of a Limited Liability Company (Perseroan Terbatas/PT) constitutes a complex legal process that extends beyond the termination of the company's legal entity status. It involves a series of legal consequences, particularly liquidation, settlement of corporate obligations, protection of creditors, shareholders, employees, consumers, and other stakeholders. This study aims to analyze the legal framework governing the dissolution of Limited Liability Companies under Indonesian corporate law, examine the mechanisms and legal consequences of liquidation, and identify legal issues affecting legal certainty and stakeholder protection. This research employs a normative-juridical method by examining Law Number 40 of 2007 concerning Limited Liability Companies and its subsequent amendments, supported by relevant legal literature, scholarly opinions, and academic journal sources. The analysis indicates that the Indonesian legal framework provides a relatively comprehensive structure for corporate dissolution, including the grounds for dissolution, the continuation of the company's legal existence for liquidation purposes, and the authority and responsibilities of liquidators in settling corporate assets and obligations. However, implementation continues to face challenges, including delays in the settlement of corporate obligations, insufficient transparency in liquidation processes, weak supervision of liquidators, and potential conflicts of interest among stakeholders. These conditions demonstrate a gap between normative legal provisions (das sollen) and their implementation in practice (das sein), particularly in relation to creditor protection and minority shareholder interests. The study concludes that strengthening liquidation oversight, improving transparency and accountability, consistently implementing good corporate governance principles, and harmonizing relevant regulations are necessary to ensure that the dissolution of Limited Liability Companies is not only legally valid but also substantively fair and capable of providing sustainable legal certainty for all stakeholders.
Co-Authors Ahmad Irham Tajhi Joharsah Muhlizar Qori Rizqiah H. Kalingga Sarah Furqoni